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NY D80333


August 7, 1998

CLA-2-94:RR:NC:2:227 D80333

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Marian Harding Cochran

Atico International, Inc.

P.O. Box 14368

Ft. Lauderdale, FL 33302

RE: The tariff classification of candleholders from China.

Dear Mr. Cochran:

In your letter dated July 16, 1998, you requested a tariff classification ruling.

The samples submitted consist of the following articles:
a) a metal candleholder, item number G74T0119, which measures approximately 8 1/2 inches high and features a convex-shaped base with a spiral-shaped stand and a small top holder designed to contain a candle.
b) a square-shaped terracotta candleholder, item number W29I4241, which measures about 2 3/4 inches high with an open top surface area of 6 7/8 inches and an interior surface area of 7 1/2 inches. It is noted to possess bilateral cutout designs.
c) a pentagon-shaped glass candleholder, item number W29I5019, which measures about 1 inch high by 2 1/4 inches at its widest dimension and features a midsectional opening for containing a candle.
d) a cylindrical-shaped glass candleholder, item number W29I3384, which measures nearly 2 1/2 inches high with an open top diameter of 1 7/8 inches. It possesses a star-like motif on the exterior.
e) a metal candleholder with a built-in tripod stand, item number G35J2587, which measures approximately 4 1/2 inches in height and features a top concave- shaped plate with spike for holding a candle.

The applicable subheading for these candleholders will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings. The rate of duty will be 6 3 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist George Kalkines at 212-466-5794.

Sincerely,


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